A Monroe County Municipal Waste Management Authority plan to take the lead in landfill waste disposal should be tossed, a private-sector disposal group argues in a state Commonwealth Court appeal.

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By DAVID PIERCE

poconorecord.com

By DAVID PIERCE

Posted Mar. 25, 2013 at 12:01 AM

By DAVID PIERCE

Posted Mar. 25, 2013 at 12:01 AM

» Social News

A Monroe County Municipal Waste Management Authority plan to take the lead in landfill waste disposal should be tossed, a private-sector disposal group argues in a state Commonwealth Court appeal.

At stake are the fees paid to landfill operators — and ultimately charged to households and businesses — for getting rid of garbage, demolition debris, infectious waste and sewage sludge.

Monroe County Judge David J. Williamson ruled last December that the authority has the legal right to directly buy landfill space for waste generated here — not merely sign an agreement guaranteeing landfill capacity that waste haulers would negotiate to pay for directly to the landfill operators.

"Instead, we negotiated for the hauling of the waste, and as a result we were able to get it much cheaper," Waste Management Authority Executive Director Jim Lambert said. "It really benefits the smaller haulers who don't have the ability to negotiate a lower rate."

Local haulers pay $97 per ton now to get rid of the waste, but will pay only $52 to $59 per ton under a 10-year agreement that takes effect in 2015, Lambert said. The waste will go to either Grand Central Sanitary Landfill in Pen Argyl, operated by Waste Management, or Alliance Sanitary Landfill in Taylor.

The Pennsylvania Waste Industries Association — which represents landfill owners and operators, and haulers — brought the suit and filed the appeal on grounds the plan violates the state's 1988 municipal waste act. It argues the authority can't impose a tipping fee on haulers covering the landfill charge and "reasonable costs" of the authority.

The waste industries group points to a 2005 case in which, it says, the court banned counties from imposing administrative fees on solid waste.

"Commonwealth Court held that such fees are illegal, regardless of whether the money from those fees are used to fund recycling, other waste-related activities or general debt service," Mark C. Pedersen, the waste association's president, said. "PWIA is pursuing this because it has potential implications for waste disposal throughout the state."

If the Monroe Waste Authority plan stands, the authority will be able to dictate the fee it charges for landfill space, Pedersen contends. He said those fees will generate revenue without holding the authority accountable to taxpayers.

The waste authority, an agency independent from county or local government, said it is authorized by the 1945 Municipal Authorities Act to contract for the space and charge haulers for it. County Judge Williamson agreed.

"The authority, unlike a county or a municipality, is governed by the MAA, as a separate and distinct political subdivision," Williamson wrote in his opinion. "Although it is a novel approach to contract for air space in landfills, by actually acquiring rights to land itself, and to charge a fee to cover that cost of space and expenses of the authority, it is not for this court to determine if anyone will actually contract with the authority as proposed."

The direct purchase of landfill space not only will save money for waste consumers, Lambert said, but also guarantee that disposal space remains available through 2025.

All authority recycling costs will be separated from waste disposal costs, Lambert testified. State law requires countywide recycling programs to reduce the waste stream by 35 percent. The state imposes a $2-per-ton fee on all solid waste that originates in each county, most of which is redistributed to local governments to fund recycling programs.

Monroe County generates about 160,000 tons of municipal solid waste per year.